The BBB Wants To Train Influencers – Here’s Why That’s A Great Idea

We lawyers have been nagging our clients for years – both from the brand side and the influencer side- because the FTC has made it very clear that everyone along the advertising spectrum can and will be held liable for regulatory noncompliance. Until now however, influencers were pretty much on their own to figure out what exactly their liability might be.

The BBB, through its Center for Industry Self-Regulation (CISR), has officially launched the Responsible Influence Certification Program — a structured training initiative designed to give influencers a working knowledge of advertising law, FTC disclosure requirements, and ethical marketing standards. Creators who complete the program earn a certification that signals to brands they actually know what they’re doing legally.

The problem it’s solving is real. When brands work with influencers, they’re essentially handing their legal exposure to someone who may have never heard of the FTC’s Endorsement Guides. A single undisclosed paid post can trigger regulatory scrutiny, and under the FTC’s rules, the brand can be on the hook right alongside the creator. That’s a lot of risk to outsource to someone whose biggest credential is a sad beige TikTok aesthetic.

The certification program includes trains influencers to disclose material connections and reinforces that advertising claims need to be truthful and substantiated. For brands, it provides a credible method by which to vet potential influencers and further, provides influencers with a competitive advantage and, a layer of legal protection they didn’t have before.

What brands can do now. Start asking potential influencers about the program. Whether you’re a brand building out influencer contracts or a creator who is fielding partnership inquiries, certification status could become a meaningful differentiator. Brand should begin including it in their vetting checklists and partnership requirements. The training certification covers just some of the issues influencers need to be aware of, including FTC Endorsement Guide requirements, how to properly disclose partnerships, advertising standards and industry best practices, and navigating creator-brand partnerships.

There are, however, many more legal risks within the brand/influencer relationship:

• Intellectual property infringement – Using copyrighted music, images, or footage without a license.
• Right of publicity violations – Using another person’s name, image, or likeness in commercial content without authorization — including repurposing user-generated content without proper clearance.
• Platform terms of service violations – Running paid promotions outside platform-designated tools, or violating community guidelines in ways that create brand liability alongside account consequences.
• Sweepstakes and contest compliance – Hosting giveaways that technically qualify as illegal lotteries, or failing to publish official rules, disclosures, and eligibility restrictions required
• by state law.
• Children’s advertising and COPPA – Creating content directed at children — or using platforms with significant under-13 audiences — without complying with COPPA data privacy requirements and children’s advertising standards.
• Contract and deliverable disputes – Poorly drafted agreements that leave content rights, exclusivity, approval processes, usage terms, and kill fees undefined — creating disputes on both sides
• Tax misclassification and income reporting – Failing to properly report influencer income, including gifted products that have taxable fair market value, or misclassifying the creator relationship for employment tax purposes
• Data privacy violations- Collecting or sharing audience data — through links, quizzes, lead gen, or third-party tools — without appropriate disclosures and compliance with applicable privacy laws

Influencer law touches on many legal issues such as IP, advertising compliance, privacy, and more. Training is a step forward to compliance, but brands and influencers should consult with a legal expert and understand how these other legal issues interact with each other and your particular brand voice.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.